Is it possible for a married man to rape his particular wife? Of course. As one writer states, “Even if a lady has had consensual sex with somebody in the past, that person can rape her if he forces her to have sexual intercourse when she doesn’t desire to. Anytime a man has sexual intercourse together with his wife with the use of fear and coercion, it’s rape.” Nevertheless, there is no protection for the many wives or husbands who are not separated or estranged from their spouses and seem to be living in a “regular” relationship, but who in their homes, are getting sexually coerced and traumatized. You may want to check out Toland Law, LLC for more.
Stranger rape is often a one-off, someone you do not know, with whom you don’t share any encounters or history. Once the attack takes place, there can be without a doubt as to what is happening: it is Rape (although even in such situations the victim will often wonder what she has done to precipitate the assault and will blame herself). In marital rape the circumstances are extremely unique. It is – quite aside from a physical and sexual infringement – a betrayal of trust. Here’s a person whom you assumed you knew thoroughly, with whom you share a history, a house and quite often kids. Here’s a person whom you have made love to on a frequent basis frequently over a long time, with whom you have shared your most intimate secrets and worries, and whom you believe to love you, want the best for you, who would never purposely harm you. Marital rape is indeed harmful because it betrays the basic foundation of the marital relationship, as it questions every understanding you have not only of your partner and the marriage, but of yourself. You wind up feeling betrayed, embarrassed and, above all, very confused.
Of all sexual attacks, marital rape is easily the most underreported. Along with the reasons listed above, there are various personal, cultural, and societal beliefs and circumstances that may make a woman afraid to report the assault. For instance, an immigrant woman may not realize that marital rape is a crime if it were legitimately condoned in her country. She may also fear deportation, language barriers, or abuse from the police when she looks for help. A woman with a disability may depend on the perpetrating spouse for her care or range of motion.
In seven states, rape of a spouse is a distinct crime from rape where the victim and offender are unmarried. In addition, the criminal must make use of forcible compulsion or perhaps a deadly weapon or cause significant actual injury upon anyone. This criminal offense is actually a felony, punishable by imprisonment for 2 to 10 years. The same acts against a person who is not married with the perpetrator result in a sentence of 10 to thirty-five years.
The crimes of rape and spousal rape mainly parallel each other, though with some distinctions. For instance, a person who commits non-spousal rape by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury may not be sentenced to probation or suspended sentence. On the other hand, this prohibition does not affect people who use the same way to commit spousal rape.